[HISTORY: Adopted by the Town Board of the Town of Rye 6-19-1962. Amendments noted where applicable.]
The legal holidays known as Memorial Day and Independence Day
being by general consent set apart for rest, repose and patriotic
observance and uses, and the observance thereof being for the general
welfare and health of the community, the doing of certain acts hereinafter
specified, which are deemed serious interruptions and desecrations
of the repose and patriotic liberty and sentiment of the community,
are prohibited.
All labor, manufactures and trades on such holidays are prohibited,
excepting the works of necessity and charity, which include whatever
is needful during the said holidays for the good order, health or
comfort of the community, and which is performed in orderly manner
so as not to interfere with the repose or patriotic liberty and sentiment
of the community. Nothing herein contained shall be deemed to prohibit
public or private sports, exercises, games, recreation, concerts,
dances, shows, entertainments or performances, nor any necessary labor
involved in such activities.
A.
All manner of public selling or offering for sale of any property
upon either of such holidays is prohibited, except as follows:
(1)
Articles of food may be sold, served, supplied and delivered at any
time before 10:00 in the morning.
(2)
Meals may be sold to be eaten on the premises where sold at any time
of the day and alcoholic beverages may be sold, by duly licensed persons,
for on-premises or off-premises consumption, at such times of the
day as prescribed by law, or by rule duly adopted for the locality
pursuant to the Alcoholic Beverage Control Law.
(3)
Caterers may serve meals to their patrons at any time of the day.
(4)
Prepared tobacco, bread, milk, eggs, ice, soda water, fruit, flowers,
confectionery, souvenirs, newspapers, magazines, gasoline, oil, tires,
cemetery monuments, drugs, medicines and surgical instruments may
be sold and may be delivered at any time of the day.
(5)
Grocers, delicatessen dealers and bakeries may sell, supply, serve and deliver cooked and prepared foods, between the hours of 4:00 in the afternoon and 7:30 in the evening, in addition to the time provided for in Subsection A(1) hereof, and delicatessen dealers, bakeries and farmers' markets or roadside stands selling fresh vegetables and other farm produce may sell, supply, serve and deliver merchandise usually sold by them at any time of the day.
B.
The provisions of this section, however, shall not be construed to allow or permit the public sale or exposing for sale or delivery of uncooked fresh foods, or meats, fresh or salt, or frozen, at any hour or time of the day. Delicatessen dealers shall not be considered as caterers within Subsection A(3) hereof.
Any person who violates any provision of this chapter shall
be a disorderly person and guilty of disorderly conduct and shall,
upon conviction, be subject to a fine of not to exceed $50 or imprisonment
for not more than 30 days, or by both such fine and imprisonment.
This chapter shall take effect immediately upon its adoption,
publication and posting as required by law.
